Adoption and Fostering Adoption in its real sense refers to making the child of another as his own child,

and the child will stand on the same footing with other children of the adopted parents in terms of family relationship right to custody guardianship, maintenance, inheritance, lineage, etc. This practice is illegal and strongly prohibited in Islam such a practice as the Quran states to the effect: Nor has He made your adopted sons your sons . 1. Call them by (the names of) their fathers: that is more just more just in the sight of Allah. But if ye know not their father s (names, call them) your brothers in faith or your Mawlas 2 The above two verses were revealed on the occasion when Zayd ibn Harithah was adopted by Prophet Muhammad (p.b.uh). Due to that occurrence the people of Makkah called Him the son of Muhammad . The Quran however has banned such a practice through the above verses and affirm that a man is only related to his father by means of parentage but not adoption. 3 In one of the hadith, the Prophet (p.b.u.h) says to the effect: Whoever claims to be the son of a person other than his father, and he knows that the person is not his father, and then paradise will be forbidden for him.. It follows that adoption is totally forbidden in Islamic law. This is also applicable in the case of relationship between the finder and the foundling. Although the finder has the right to the custody of the foundling, he cannot adopt the foundling as his own child. On the other hand, adoption is also applicable when a person takes a child into his care and custody without affecting the biological status of the child. This type of adoption is recognized in Islam as Islamic law has never prohibited Muslims from helping one another. Instead, they are encouraged to do so highlighted by the above quoted verses, 4 Islamic law recognizes adoption in terms of fulfilling responsibility of humanity of the society towards another especially those who are in need of help like foundlings, orphans, children of poor family. Islam also tolerates another reason for adopting children such as for childless couples or to help poor people who have many children. Such a practice however must be in line with Islamic law, for example, the adopter should not have changed the adoptee s natural father and must observe the Islamic rule on interaction. To better treat the relationship between the finder and foundling, Islamic law introduced suckling5 which can tie both the finder and his family and the foundling with a relationship which is similar to brotherhood of the same blood.

AlQuran, Surah al-Ahzab 33:4. AlQuran , Surah al-Ahzab 33:5 3 See al-Qurtubi, al-Jami li al-ahkam al-Quran, Vol. 14, pp. 118-119 4 Al-Quran, Surah al-Maidah 5 Suckling means Rada ah is used in reference to the breastfeeding of one s baby by a natural mother or a foster mother.
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According to the Shafi I jurist and Hambali jurist, suckling must not be less than five times, but according to Hanafi jurist, Maliki jurist, Awza is, al-Layth etc, there is no limitation as long as there is suckling. While others such as Abu Thawr view that, there must be three times suckling or more. With regard to the period of suckling, the majority say that the suckling must be within two years after the birth of a child. The Hanafi say it must be within two and a half years. As the relationship among the foster brothers and sisters is similar to blood relationship, they are prohibited to marry each other. They based it upon the hadith of the Prophet (p.b.u.h) which reads to the effect: What is prohibited through blood relationship (nasab) is also prohibited through suckling.